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Whenever celebrities or powerful public figures announce a divorce, people flock to TMZ or other gossip sites to see if there was a prenuptial agreement (or prenup). The general idea behind this fascination is that without a prenuptial agreement, all of the marital property earned and acquired during a marriage is subject to getting spilt in half between the parties. So, when a super-wealthy pop singer marries, then divorces her backup dancer husband without a prenup, the headline becomes: pop singer loses half her fortune in divorce. Unfortunately, these headlines are misleading as they ignore the fundamental idea behind marital property—that both spouses make a balanced contribution to the marriage, household, and children. In addition, they create a one-dimensional picture of what prenuptial agreements are actually used for in practice. …

In North Carolina, married couples who seek a divorce are required to live separate and apart for a full year before filing for divorce. This presents a slew of logistical problems as life keeps moving and there are many changes that happen during that year. A year is a very long time to live in a state of uncertainty. With this in mind, many couples opt to enter into a separation agreement to bridge the gap between when they separate and when permanent orders are entered or even longer. A separation agreement is a legally binding instrument that may address issues such as property division, living arrangements, spousal support, debt, expenses, child custody, and child support. If parties can reach this agreement, it can be an incredible relief for everyone …

Marriage is a great adventure, a commitment, and an affirmation of love. It is supposed to be a new beginning that lasts for the rest of our days. Unfortunately, as much as we want to believe that all couples will live happily ever after, as divorce attorneys we can honestly say that marriage can be a risky proposition for some couples. Marital relationships can be filled with trust issues, infidelity, financial problems, physical and emotional abuse, and substance abuse. Sometimes, these issues and behaviors seem to come out of nowhere after the wedding. This is why a prenuptial agreement may be worth considering. What is a Prenuptial Agreement? A prenuptial agreement is a contract between a couple that is prepared and executed prior to their marriage. It basically allows for …